Introduction
The term "insanity" is a legal one, not a psychological term. It is based on the British law of 1843. The so-called M’Naghten rule limited the insanity defense to cases where persons were judged not to have known what they were doing or not to have known that the action was wrong. By 1992 in the United States, when John Hinckley, Jr. came to trial for shooting then-President Reagan and his press secretary, James Brady, the insanity defense had been broadened. The prosecution had to prove that Hinckley was sane-that is, having a substantial capacity not merely to know his act was wrong, but to appreciate its wrongfulness and act accordingly. In Canada and three-fourths of the States, the burden of proof has shifted to the defense, which must prove the defendant insane. Defendants must show they did not understand the wrongfulness of their acts. Some states have instituted a verdict of "guilty but mentally ill". This verdict recognizes the need for treatment and mandates it, but imprisons those convicted if they are judged recovered before their sentence is completed. Several states (Idaho, Montana, Utah) do not allow pleas of insanity. Activity
This will be a class debate.
First, for homework prepare some information to provide arguments for the use of the insanity plea, or to provide arguments against its use.
Second, share your information and argumentation with members of your side.
Third, assign two students that will present to the class the strongest arguments that your group came up with in the second stage.
Fourth, assign two students that will attempt to find holes in the argument presented by the opposing side. They then present their findings.
Fifth, assign two student that will wrap up (summarize) your position and the points that they found were wrong with the opposing side.
N.B. Everyone should be taking notes during this exercise. This could be one of two to three essay questions for your
Now is the time to throw a curve ball. Usually students can do fairly well on their topic, but lack the insight to assault the other side. Now is your chance to do this. I am confident that each of those below will be ready to debate their side. That all fine and good, but you're not going to do that. Instead, you are going to be switching sides. You will have 15 minutes to sort out your roles, the arguments you will use, the evidence to support yourselves, your rebuttal, and your conclusion. Good luck, and have fun.
The Insanity Plea
IntroductionThe term "insanity" is a legal one, not a psychological term. It is based on the British law of 1843. The so-called M’Naghten rule limited the insanity defense to cases where persons were judged not to have known what they were doing or not to have known that the action was wrong. By 1992 in the United States, when John Hinckley, Jr. came to trial for shooting then-President Reagan and his press secretary, James Brady, the insanity defense had been broadened. The prosecution had to prove that Hinckley was sane-that is, having a substantial capacity not merely to know his act was wrong, but to appreciate its wrongfulness and act accordingly. In Canada and three-fourths of the States, the burden of proof has shifted to the defense, which must prove the defendant insane. Defendants must show they did not understand the wrongfulness of their acts. Some states have instituted a verdict of "guilty but mentally ill". This verdict recognizes the need for treatment and mandates it, but imprisons those convicted if they are judged recovered before their sentence is completed. Several states (Idaho, Montana, Utah) do not allow pleas of insanity.
Activity
This will be a class debate.